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'L <br />to its Reclaimed Wastewater in the event of a Force Majeure event or other delay or interruption <br />in Aurora's delivery of the Reclaimed Wastewater. <br />14. Djo Opposition to Aurora Water Quit Natters. From the date of execution of this <br />Agreement through the conclusion hereof, Lessee agrees that neithcr it nor any successors, if any <br />are allowed, will oppose Aurora in any Colorado Water Court Applications filed by Aurora. <br />15. A.trrora R1gh4 to Reuvill ,Reuse, The parties hereto acknowledge that hydrologic and <br />other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br />Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more <br />frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br />will not be needed. <br />16. :Enforcement. The parties agree that this Agreement may be enforced in law or in equity <br />for specific performance, injunctive, or other appropriate relief, including damages, as may be <br />available according to the laws of the State of Colorado. It is specifically understood that, by <br />executing this Agreement, each party commits itself to perform pursuant to the terms hereof, and <br />that any breach hereof resulting in any recoverable damages shall not thereby cause the <br />termination of any obligations created by this Agreement unless such termination is requested by <br />the party not in breach hereof. <br />17. Sole QgUndgn of Utility Rntergfjsa <br />(a) This Agreement shall never constitute a general obligation or other indebtedness <br />of the City of Aurora (the " "), or a multiple fiscal year direct or indirect debt or other <br />financial obligation whatsoever of the City within the meaning of the Constitution and laws of <br />the State of Colorado or of the Charter and ordinances of the City. <br />(b) In the event of a default by Aurora's Utility Enterprise of any of its obligations <br />under this Agreement, Lessee shall have no recourse for any amounts owed to it against any <br />funds or revenues of the City except for those revenues derived from rates, fees or charges for <br />the services fiunished by, or the direct or indirect use of, the Water System and deposited in the <br />Water Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" are defined in <br />City Ordinance No. 2003 -18, and then only after the payment of all operation and maintenance <br />expenses of the Water System and all debt service and reserve requirements of any bonds, notes, <br />or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br />the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br />Agreement shall be construed as creating alien upon any revenues of the Utility Enterprise or the <br />City. <br />18. i1,lscellargeous. <br />(a) Intent of AgLe r This Agreement is intended to describe the rights and <br />responsibilities of and between the named parties and is not intended to, and shall not be deemed <br />to confer rights upon any persons or entities not named as parties or as authorized assigns, nor to <br />limit in any way the powers and responsibilities of Aurora, Lessee, or any other entity not a party <br />or assign hereto. <br />6 <br />941113\1321300.1 <br />